Holloway v. Arnold
Supreme Court of Missouri
Appeal from Jaclcson Circuit Coicrt. — Hon. F. M. Black, Judge. (1) Instruction number one, asked on bebalf of the plaintiff, should have been given by the court. A mortgagee becomes a trespasser by going upon the premises of the mortgageor, accompanied by an officer having no legal process, and taking possession of property without the active resistance of the mortgageor.
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Appeal from Jaclcson Circuit Coicrt. — Hon. F. M. Black, Judge. (1) Instruction number one, asked on bebalf of the plaintiff, should have been given by the court. A mortgagee becomes a trespasser by going upon the premises of the mortgageor, accompanied by an officer having no legal process, and taking possession of property without the active resistance of the mortgageor. To obtain possession under such a show or pretense of authority, is to trifle with the obedience of citizens to the law and its officers. Jones on Chattel Mortgages, secs. 705 and 710; Thornton v. Qoohrdn, 51 Ala. 415; Long…
1Opinion of the CourtNorton, C. J.
This is an action in the nature of trover and conversion to recover damages for the alleged taking and conversion by defendant of certain personal property, consisting of hogs and cattle. The defendant in his answer admits the taking of the property, and justifies his action in -virtue of a chattel mortgage on said property, executed by plaintiff to him, to secure the payment of a debt therein mentioned, which mortgage contained the following provision:
“If the said George W. Holloway shall sell or attempt to sell * * * said property at any time before said indebtedness is fully paid and…
2Cases cited4 opinions
- Patchin v. PierceNew York Supreme Court · 1834
- Thornton v. CochranSupreme Court of Alabama · 1874
- Coty v. BarnesSupreme Court of Vermont · 1847
- Saxton v. WilliamsWisconsin Supreme Court · 1862
3Cited by4 opinions
- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
- Stockyards National Bank v. B. Harris Wool Co.Supreme Court of Missouri · 1926
- Mayhugh v. Bill Allen ChevroletDistrict Court, W.D. Missouri · 1973
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1894